TNAG-1315-FCO40-1708-Future-of-Hong-Kong-preparation-of-the-Joint-Declaration-1984 — Page 12

Are

Mr. Dom.

SECRET

In

Enter of 2013

opa

the home now repand or to the PK TUR (441)

Mrs Priest, HKD

HONG KONG:

1.

Reference. Tillll augy

(145)

the

5

Itami x is right. The Chries are already aware

broadline by.

I sugget NFA, at lehat for the time being,

въздей

(38)

TIMETABLE (PEKING TELEGRAM NO 441 of 15 MARCH)

When we spoke this morning about Peking's requests for precedents in other cases, I suggested that it might be worthwhile for somebody, perhaps in Research Department, to let us have a short historical account of the Cyprus settlement.

2.

Since however you need to respond to Peking immediately it may be helpful for you to have such brief details as I have been able to gather within the time available.

3.

There was a long history of negotiation, and parliamentary consultation. An international conference was convened in 1955. Another conference was held at Lancaster House in February 1959.

One was a At that conference certain documents were prepared.

19/3

draft treaty and it was initialled. In the same month two papers were presented to Parliament, and these included the draft treaty which had been initialled (Command 679 and 680). In the interval between February 1959 and July 1960 there was not only further negotiation of draft treaty instruments but also the preparation of a draft constitution which was shown to HMG, who informed the other interested parties that they had no comments on it.

When In the same interval a Cyprus Bill was also prepared. presenting the final texts of the negotiated documents to Parliament in July 1960 (Command 1093) HMG indicated its intention to sign the treaties when Parliament had signified its consent to the Cyprus Bill.

4. On 29 July 1960 the Cyprus Act was enacted.

5.

On 16 August 1960 the treaty concerning the establishment of the Republic of Cyprus, together with related documents, was signed, and thereupon entered into force in accordance with Article 13 (Treaty Series No 4 of 1961).

6. You may think that this example has limited value for present x purposes. The treaty was not subject to ratification, and the

timetable in July and August 1960 is prima facie an awkward precedent. If we do refer to Cyprus, when speaking to the Chinese, the important events, in chronological order were

Y.

(i)

(ii)

(iii)

(iv)

commencement of a lengthy period of detailed negotiation (some 5 years);

establishment of the full text of a draft constitution, acceptable to all concerned (including HMG);

enactment of the necessary legislation in the United Kingdom for the transfer of sovereignty; and

entry into force of the treaty, which, together with its annexes and related documents, contained a considerable amount of detail.

CODE 18-77

15 March 1984

cc: Sir P Cradock, Dr Wilson, Mr Clift

J. Bunours

F Burrows

Legal Counsellor

SECRET